Copyright Definitions and Terms
What are some of the most important definitions to understand when dealing with copyright issues?
As an educator, it is very important to transfer an understanding of the copyright issues presented in the course to my students. Most of these students are graduate level. Although they use citations, they need to understand the importance of getting permission to use published material. A citation in APA style is simply not enough.
The course emphasizes fair use, public domain, and copyright infringement. However, fair use seems to a difficult area to clearly define. the course may clarify this area. I was struck that inspiration can be an infringement. In the documentary 30 to 30: The Real Rocky, Chuck Wepner sued Sylvester Stallone after Sylvester attend a boxing match with Mohammad Ali. Wepner was a relatively unknown and unproven boxer given a change at the world title in a match with MA. Upon leaving the bout Sly wrote the script for Rocky I. The story of the 'white hope' and 'the American opportunity' was nearly the same, i.e. Wepner's life. Wepner went 15 rounds like in the movie. Wepner sued multiple times under copyright laws only to have Sly finally settle for an undisclosed amount out of court. The Rock franchise is worth over $3 billion.
I'd like to learn more about the copyright law relative to creative inspiration.
Robert,
I had never heard about this real Rocky, Chuck Wepner. Thanks for educating me!
Renee Shaffer
It's a conversation that should include administrators, faculty and students. Students do not understand the seriousness of their action (cut and paste - then not citing probably). Perhaps the best way to both students and faculty is to show the worst case scenairo.
Rhonda,
Everyone needs to be on the same page about it, you are correct!
Renee Shaffer
Fair use for sure, as well as public domain seem to be important. The definition of creative Commons is also a relatively new term that we see for many websites that are offering copyright free content and that might be another important definition to be aware of.
Michael,
Good points. Creative Commons is something an instructor should always look at because there is a wealth of things which can be used without any problems.
Renee Shaffer
Creative Commons is another important term to learn especially for the visual communication group.
Great post, finding shared online content is very important, and it is important to understand the exception for educational purposes as well. Citation and permission are key.
Some of the most important definitions to understand include, the words: “copyrightâ€, fair use, work for hire, and public domain. These terms are often either misunderstood or ignored concepts by many in both public education and for-profit educational environments, as well as in society at large. There is also widespread confusion regarding the differences between copyright infringement and plagiarism. Oftentimes plagiarism is more of an embarrassment for the guilty party or in some cases it may have repercussions that result in failure of a course or expulsion from school. Copyright infringement goes beyond simply crediting a source and has legal ramifications that can result in a lawsuit.
In the graphic design courses that I teach one of the recent current events that we discuss is the legal battle that ensued following the production of the now famous Obama “Hope†poster created by artist Shepard Fairey. The Associated Press claimed copyright infringement based on a photograph that was taken as a work for hire assignment by freelance photographer Manny Garcia. Although the class is not a criminal justice course – we discuss the case at length with the students in terms of the role of copyright as it applies to commercial art and visual communication.
Robert,
I hadn't heard of this legal battle, thanks!
Renee Shaffer
I know "Fair Use" has been mentioned multiple times in the first section of this course. I am hoping to gain more insight on the details of how this applies in the classroom. I teach at a for-profit school, and I know that the rules are a bit more strict when using copyrighted materials than they are for non-profit schools.
As an individual who did not grow up in the internet era when going through the education, I would have loved to have had this available to me in the 1970-1980's , I read emails sent to me my students who can barely craft a three sentence email, but yet send an assignment through which is flawless. So the copyright infringement comes to my mind here, and the ethical behavior which is associated with this at the time of submission. I believe that everyone believes that this is free for the taking. Just looking at the Face Book Folks, and how much is downloaded and uploaded across the world, never once are pictures cartoons,etc... marked with acknowledgement of the site sent. This has given me much caution for things that I am "playing" with on line.
Cyndy,
Yes, I am sure you are like me and question how students who cannot "craft a three sentence email" can then somewhow send in stellar writing assignments. That is where plagiarism checks like Turnitin and Safe Assign come in. We as instructors can educated students in this digital era that copying is not kosher. Information literacy needs to start from an early age in my opinion.
Renee Shaffer
Many of my students are familiar with this case, as well as Fairey's tampering with evidence. Fairey is among many of the artists my student idolize. They often wear T-shirts featuring his designs. If only the t-shirt had an explanation of the copyright laws printed on the tag! Fair Use has many grey areas, however it needs to be stressed to student that some of the copyrighted learning tools used in a school environment are often created solely for use in that environment.
Jeffrey,
So true. I am glad that you are there to teach that to your students!
Renee Shaffer
A key term to master when considering copyright issues is "fair use." As a threshold issue, it is crucial to understand that "fair" in a legal context can be quite different from "fair" in everyday usage. For example, an online professor may think that it is fair to show a snippet from a national news source to underscore a current event. But, the network owns the snippet, and the network may not want it used out of context, even for educational purposes.
It is essential that online instructors stay current while remaining legally compliant. When in doubt, ask for permission in writing.
I think, as I mentioned in an earlier post I believe, that "fair use" is a concept that must be properly understood. Fair use does not mean "fair game," as the learning materials indicate. Also, as I believe I posted earlier, what is considered fair in general usage may not be legal in regard to copyright protections.
It is important to understand copyright laws as they pertain to today's marketplace. Intellectual ownership of original materials such as published works, music, or choreography are considered copyrighted as soon as they are distributed to the public.
Instructors and student both need to be made aware of the newest guidelines and best practices for accessing and using copyrighted material.
